It is impossible to believe that during the years 1942 and 1943 Rose was unaware of malaria experiments on human beings which were progressing at Dachau under Schilling, or to credit Rose with innocence of knowledge that the malaria research was not confined solely to vaccinations designed for the purpose of immunizing the persons vaccinated. On the contrary it is clear that Rose well knew that human beings were being used in the concentration camp as subjects for medical experimentation.
However, no adjudication either of guilt or innocence will be entered against Rose for criminal participation in these experiments, for the following reason: In preparing counts two and three of its indictment the Prosecution elected to frame its pleading in such a manner as to charge all defendants with the commission of war crimes and crimes against humanity, generally, and at the same time to name in each sub-paragraph dealing with medical experiments only those defendants particularly charged with responsibility for each particular item.
In our view this constituted, in effect, a bill of particulars and was, in essence, a declaration to the defendants upon which they were entitled to rely in preparing their defenses, that only such persons as were actually named in the designated experiments would be called upon to defend against the specific items. Included in the list of names of those defendants specifically charged with responsibility for the malaria experiments the name of Rose does not appear. We think it would be manifestly unfair to the defendant to find him guilty of an offense with which the indictment affirmatively indicated he was not charged.
This does not mean that the evidence adduced by the Prosecution was inadmissible against the charges actually preferred against Rose. We think it had probative value as proof of the fact of Rose's knowledge of human experimentation upon concentration camp inmates.
TYPHUS EXPERIMENTS:
These experiments were carried out at Buchenwald and Natzweilder Concentration Camps, ever a period extending from 1942 to 1945. In an attempt to procure a protective typhus vaccine.
In the experimental block at Buchenwald, with DR. Ding in charge, inmates of the camp were infected with typhus for the purpose of procuring a continuing supply of fresh blood taken from persons suffering from typhus. Other inmates, some previously immunized and some not, were infected with typhus to demonstrate the efficacy of the vaccines. Full particulars of those experiments have been given elsewhere in the judgment.
Those visited Buchenwald in company with Gildemeister of the Robert Kock Institute in the Spring of 1942. At this time Dr. Ding was absent, suffering from typhus as the result of an accidental infection received while infecting his experimental subjects. Rose inspected the experimental block where he saw many persons suffering from typhus. He passed through the wards and looked at the clinical records "of... persons with severe cases in the control cases and..... lighter cases among those vaccinated."
The Ding Diary, under dated 19 August to 4 September 1942, referring to use of vaccines for immunization, states that 20 persons were inoculated with vaccine from Bucharest, with a note "this vaccine was made available by Professor Rose, who received it from Navy Doctor Professor Ruegge from Bucharest." Rose denied that he ever sent vaccine to Mrugowsky or Ding for use at Buchenwald. Mrugowsky, from Berlin under date 16 May 1942 wrote Rose as follows:
"Dear Professor:
"The Reich Physician SS and Police has consented to the execution of experiments to test typhus vaccines, May I therefore ask you to let me have the vaccines.
"The other question which you raised, as to whether the louse can be infected by a vaccinated typhus patient, will also be dealt with. In principle, this also has been approved. There are, however, still some difficulties at the moment about the practical execution, since we have at present no facilities for breeding lice.
"Your suggestion to u e Olzscha has been passes on to the Personnel Department of the SS Medical Office. It will be given consideration in due course."
From a note on the letter, it appears that Rose was absent from Berlin and was not expected to return until June. The letter, however refers to previous contact with Rose and to some suggestions made by him which evidently concern medical experiments on human beings. Rose in effect admitted that he had forwarded the Bucharest vaccine to be tested at Buchenwald.
At a meeting of Consulting Physicians of the Wehrmacht held in Hay 1943 Ding made a r port in which he described the typhus experiments he had been performing at Buchenwald. Rose heard the report at the meeting and then and there objected strongly to the methods used by Ding in conducting the experiments. As may well be imagined this protest created considerable discussion among those present.
The Ding Diary shows that, subsequent to this meeting, experiments were conducted at Buchenwald at the instigation of the defendant Rose. The entry under date of 8 march 1944 which refers to "Typhus Vaccine Experimental Series VII," appears as follows:
"Suggested by Colonel M. C. of the air-corps, Prof. Rose (Oberst Arzt) the vaccine "Kopenhagen" (Ipsen-Murine-Vaccine) produced from mouse liver by the national serum institute in Kopenhagen was tested for its compatibility on humans. 20 persons were vaccinated for immunization by intramuscular injection...10 persons were contemplated for control and comparison. 4 of the 30 persons were eliminated before the start of the artificial injection, because of intermittent sickness.
.. The remaining experimental persons were infected on 16 April 44 by subcutaneous injection of l/20 cc spotted fever sick fresh blood... The following fell sick: a) 17 persons immunized: 9 medium, 8 seriously; b) 9 persons control, 2 medium, 7 seriously. ..2 Jun 44; The experimental series was concluded. 13 Jun 44: Chart and case history completed and sent to Berlin. 6 deaths (3 Kepenhagen) ( control). Dr. Ding."
When on the witness stand Rose vigorously challenged the correctness of this entry in the Ding Diary and flatly defied that he had sent a Copenhagen vaccine to Mrugowsky or Ding for use at Buchenwald. The prosecution met this challenge by offering in evidence a letter from Rose to Mrugowsky dated 2 December 1943 in which Rose stated that he had at his disposal a number cf samples of a now urine virus typhus vaccine prepared from mice livers, which, in animal experiments, has been much more effective than the vaccine prepared from the lungs of mice. The letter continued:
"o decide whether this first rate murine vaccine should be used for protective vaccination of human beings against lice typhus it would be desirable to know if this vaccine showed in your and Ding's experimental arrangement at Buchenwald an effect similar to that of the classic virus vaccines.
"Would you be able to have such an experimental series carried out? Unfortunately I could not reach you over the phone. Considering the slowness of postal communications I would be grateful for an answer by telephone..."
The letter shows on its fact that it was forwarded by Mrugowsky to Ding, who noted its receipt by him 21 February 1944.
On cross examination when Rose as confronted with the letter he admitted its authorship, and that he had asked that experiments be carried out by Mrugowsky and Ding at Buchenwald.
The fact that Rose contributed actively and materially to the Mrugowsky-Ding experiments at Buchenwald clearly appears from the evidence.
The evidence also shows that Rose actively collaborated in the Typhus experiments carried out by Haagen at the Natzweiler Concentration Camp for the benefit of the Luftwaffe.
From the exhibits in the record it appears that Rose and Haagen corresponded during the month of June 1943 concerning the production of a vaccine for typhus. Under date 5 June 1943 Haagen wrote to Rose amplifying a telephone conversation between the two and referring to a letter from a certain Giroud with references to a vaccine which had been used on rabbits. A few days later Rose replied, thanking him for his letters of 4 and 5 June and for "the prompt execution of my request." The record makes it plain that by use of the phrase "the prompt execution of my request," was meant a request made by Rose to the Chief of the Medical Service of the Wehrmacht for an order to produce typhus vaccine to be used by the armed forces in the eastern area.
Under the date 4 October 1943 Haagen again wrote Rose concerning his plans for vaccine production; making reference in the letter to a report made by Rose on the Ipsen vaccine. Haagen stated that he had already reported to Rose on the results of experiments with human beings, and expressed his regret that up to the date of the letter he had been unable to "perform infection experiments on the vaccinated persons." He also seated that ho had requested the Ahnenberbe to provide suitable persons far vaccination but had received no answer; that he was then vaccinating ocher human beings and would report results later. He concluded by expressing the wish and need for experimental subjects upon whom to test vaccinations, and suggested that when subjects were procured, parallel tests should be made between the vaccine referred to in the letter, and the Ipsen tests.
We think the only reasonable inference which can be drawn from this letter is that Haagen was proposing to test the efficacy of the vaccinations which he had completed, which could only be accomplished by infecting the vaccinated subjects with an avirulent pathogenic virus.
In a letter written by Rose and dated "in the field, 29 September 1943," directed to the Behring Works at Marburg Lahn, Rose states that he is enclosing a memorandum regarding reports by Dr. Ipsen on his experience in the production of typhus vaccine. Copy of the report which Rose enclosed is in evidence, Rose stating therein that he had proposed, and Ipson had promised, that a number of Ipsen's liver vaccine samples should be sent to Rose with the object of testing its protective efficacy on human beings whose lives were in special danger. Copies of this report were forwarded by Rose to several institutions, including that presided over by Haagen.
In November 1943, 100 prisoners were transported to Natzweiler, of whom 18 had died during the journey. The remainder were in such poor health that Haagen found them worthless for his experiments and quested additional healthy prisoners through Dr. Hirt, who was a member of the Ahnenerbe.
Rose wrote to Haagen 13 December 1943, saying among other things, "1 request that in procuring persons for vaccination in your experiment, you request a corresponding number of persons for vaccination with Copenhagen vaccine. This has the advantage, as also appeared in the Buchenwald experiments, that the test of various vaccines simultaneously gives a clearer idea of their value than the test of one vaccine alone".
There is much other evidence connecting Rose with the series of experiments conducted by Haagen but we shall not burden the judgment further. It will be sufficient to say that the evidence proves conclusively that Rose was directly connected with the criminal experiments conducted by Haagen.
Doubtless at the outset of the experimental program launched in the concentration camps Rose may have voiced some vigorous opposition. In the end, however, he overcame what scruples he had and knowingly took an active and consenting part in the program. He attempts to justify his actions on the ground that a State may validly order experiments to be carried out on persons condemned to death without regard to the fact that such persons may refuse to consent to submit themselves as experimental subjects. This defense entirely misses the point of the dominant issue. As we have pointed out in the case of Gebhardt: Whatever may be the condition of the law with reference to medical experiments conducted by or through a State upon its own citizens, such a thing will not be sanctioned in international law when practiced upon citizens or subjects of an occupied territory.
We have indulged every presumption in favor of the defendant but his position lacks substance in the face of the overwhelming evidence against him. His own consciousness of turpitude is clearly disclosed by the statement made by him at the close of a vigorous cross-examination, in the following language:
"It was known to me that such experiments had earlier been carried out, although I basically objected to these experiments. This institution had been set up in Germany and was approved by the State and covered by the State. At that moment I was in a position which perhaps corresponds to a lawyer who is, perhaps, a basical opponent of execution or death sentence. On occasion when he is dealing with leading members of the government, or with lawyers during public congresses or meetings, he will do everything in his power to maintain his opinion on the subject and have it put into effect. If, however, he does not succeed, he stays in his profession and. in his environment in spite of this. Under circumstances he may perhaps even be forced to pronounce such a death sentence himself, although he is basically opponent of that set-up."
The Tribunal finds that the defendant Rose was a principal in, accessory to, ordered, abetted, took a consenting part in, and was connected with plans and enterprises involving medical experiments on non-German nationals without their consent, in the course of which murders, brutalities, cruelties, tortures, atrocities and other inhumane acts were committed. To the extent that these crimes were not war crimes they were crimes against humanity.
CONCLUSION Military Tribunal I finds and adjudges the defendant Gerhard Rose guilty under Counts Two and Three of the Indictment.
THE PRESIDENT: The Tribunal will now be in recess for a few moments.
(A recess was taken.)
THE MARSHAL: Persons in the Courtroom will be seated.
The Tribunal is again in session.
THE PRESIDENT: The Tribunal has determined that the rest of the Judgment will be read this evening. The session will continue until the reading of the Judgment is completed. The sentences will be delivered tomorrow morning. At 10:00 of clock tomorrow morning the Tribunal will reconvene in order to sentence the defendants.
JUDGE SEBRING: The Tribunal now comes to the cases RUFF, ROMBERG and WELTZ.
The defendants, Ruff; Romberg; and Weltz are charged under Counts Two and Three of the Indictment with special responsibility for; and participation in, High Altitude Experiments.
The defendant Weltz is also charged under Counts Two and Three with special responsibility for, and participation,in, Freezing Experiments.
To the extent that the evidence in the record relates to the high altitude experiments, the cases of the three defendants will be considered together.
Defendant Ruff specialized in the field of aviation medicine from the completion of his medical education at Berlin and Bonn in 1932. In January 1934 he was assigned to the German Experimental Institute for Aviation; a civilian agency; in order to establish a Department for Aviation medicine. Later he became Chief of the Department.
Defendant Romberg joined the NSDAP in Ray 1933. From April 1936 until 1938 he interned as an assistant physician at a Berlin Hospital. On 1 January 1938 he joined the staff of the German Experimental Institute for Aviation as an associate assistant to the defendant Ruff. He remained as a subordinate to Ruff until the end of the war.
Defendant Weltz for many years was a specialist in x-ray work. In the year 1935 he received an assignment as lecturer in the field of aviation medicine at the University of Munich. At the same time he instituted a small experimental department at the Physiological Institute of the University of Munich, "Weltz lectured at the University until 1945?
at the same time he did research 'work at the institute.
In the summer of 1941 the experimental department a t the physiological Institute, University of Munich, was taken over by the Luftwaffe and renamed the "Institute for Aviation Medicine in Munich."
Weltz was commissioned director of this institute by Hippke, then Chief of the Medical Inspectorate of the Luftwaffe, In his capacity as director of this institute, Welts was Subordinated to Luftgan No. VII in Munich for disciplinary purposes. In scientific matters he was subordinated directly to Anthony, Chief of the Department for Aviation Medicine in the Office of the Medical Inspectorate of the Luftwaffe.
HIGH ALTITUDE EXPERIMENTS:
The evidence is overwhelming and not contradicted that experiments involving the effect of low air pressure on living human beings were conducted at Dachau from the latter part of February through May 1942. In some of these experiments great numbers of human subjects were killed under the most brutal and senseless conditions. A certain Dr. Sigmund RASCHEP, Luftwaffe officer, was the prime mover in the experiments which resulted in the deaths of the subjects. The Prosecution maintains that Ruff, Romberg, and Weltz were criminally implicated in these experiments.
The guilt of the defendant Weltz is said to arise by reason of the fact that, according to the Prosecution's theory, Weltz, as the dominant figure proposed the experiments, arranged for their conduct at Dachau, and brought the parties Ruff, Romberg and Rascher together. The guilt of Ruff and Romberg is charged by reason of the fact that they are said to have collaborated with Rascher in the conduct of the experiments. The evidence on the details of the matter appears to be as follows:
In the late summer of 1941, soon after the Institute Weltz at Munich was taken over by the Luftwaffe, Hippke, Chief of the Medical Services of the Luftwaffe, approved, in principle, a research assignment for Weltz in connection with the problem of rescue of aviators at high altitudes. This required the use of human experimental subjects. Weltz endeavored to secure volunteer subjects for the research from various sources; however, he was unsuccessful in his efforts.
Rascher, one of Himmler's minor satellites, was at the time an assistant at the Institute. He, Rascher, suggested the possibility of securing Himmler's consent to conducting the experiments at Dachau. Weltz seized upon the suggestion, and thereafter arrangements to that end were completed; Himmler giving Ms consent for experiments to be conducted on concentration camp inmates condemned to death, but only upon express condition that Rascher be included as one of the collaborators in the research.
Rascher was not an export in aviation medicine. Ruff was the leading German scientist in this field, and Romberg was Ms principal assistant. Weltz felt that before he could proceed with Ms research those men should be persuaded to come into the undertaking. He visited Ruff in Berlin and explained the proposition. Thereafter Ruff and Romberg came to Munich, where a conference was held with Weltz and Rascher to discuss the technical nature of the proposed experiments.
According to the testimony of Weltz, Ruff, and Romberg, the basic consideration which impelled them to agree to the use of concentration camp inmates as subjects was the fact that the inmates were to be criminals condemned to death who were to receive some form of clemency in the event they survived the experiments. Rascher, who was active in the conference, assured the defendants that this also was one of the conditions under which Himmler had authorized the use of camp inmates as experimental subjects.
The decisions reached at the conference were then made to Hippke, who gave Ms approval to the institution of experiments at Dachau and issued an order that a mobile low-pressure chamber which was then in the possession of Ruff at the Department for Aviation Medicine, Berlin, should be transferred to Dachau for use in the project.
A second meeting was held at Dachau, attended by Ruff, Romberg, Weltz, Rascher and the Camp Commander, to make the necessary arrangements for the conduct of the experiments.
.The mobile low-pressure chamber was then brought to Dachau, and on 22 February 1942 the first series of experiments were instituted.
Weltz was Rascher's superior; Romberg was subordinate to Ruff. Rascher and Romberg were in personal charge of the conduct of the experiments. There is no evidence to show that Weltz was ever present at any of these experiments. Ruff visited Dachau one day during the early part of the experiments, but thereafter remained in Berlin and received information concerning the progress of the experiments only through his subordinate, Romberg.
There is evidence from which it may reasonably be found that ate the outset of the program personal friction developed between Weltz and Ms subordinate Rascher. The testimony of Weltz is that on several occasions he asked Rascher for reports on the progress of the experiments and each time Rascher told Weltz that nothing had been started with reference to the research. Finally Weltz ordered Rascher to make a report whereupon Rascher showed Ms superior a telegram from Himmler which stated, in substance, that the experiments to be conducted by Rascher were to be treated as top secret matter and that reports were to be given to none other than Hirmler. Because of this situation Weltz had Rascher transferred out of Ms command to the DVL branch at Dachau. Defendant Romberg stated that these experiments had been stopped soon after their inception by the adjutant of the Reich-far Ministry, because of friction between Weltz and Rascher, and that the experiments were resumed only after Rascher bad. been transferred out of Weltz's Institute.
While the evidence is convincingly plain that Weltz participated in the initial arrangements for the experiments and brought all parties together, it is not so clear that illegal experiments were planned or carried out while Rascher was under Weltz's command, or that he knew that experiments which Rascher might conduct in the future would be illegal criminal.
There appears to have been two distinct groups of prisoners used in the experimental series. One was a group of 10 to 15 inmates known in the camp as "exhibition patients" or "permanent experimental subjects". Host, if not all; of these were German nationals who were confined in the camp as criminal prisoners. These men were housed together and were well-fed and reasonably contented. None of them suffered death or injury as a result of the experiments. The other group consisted of 150 to 200 subjects picked at random from the camp and used in the experiments without their permission. Some 70 or 80 of these were killed during the course of the experiments.
The defendants Ruff and Romberg maintain that two separate and distinct experimental series were carried on at Dachau; one conducted by them with the use of the "exhibition subjects"; relating to the problems of rescue at high altitudes; in which no injuries occurred; the other conducted by Rascher on the large group of non-volunteers picked from the camp at random; to test the limits of human endurance at extremely high altitudes; in which experimental subjects in large numbers were killed.
The Prosecution submits that no such fine distinction may be drawn between the experiments said to have been conducted by Ruff and Romberg; on the one hand; and Rascheron the other; or in the prisoners who were used as the subjects of these experiments; that Romberg -- and Ruff as his superior --. share equal guilt with Rascher for all experiments in which deaths to the human subjects resulted.
In support of this submission the members of the Prosecution cite the fact that Rascher was always present when Romberg was engaged in work at the altitude chamber; that on at least three occasions Romberg was at the chamber when deaths occurred to the so-called Rascher subjects; yet elected to continue the experiments. They point likewise to the fact that; in a secret preliminary report made by Rascher to Himmler which tells of deaths, Rascher mentions the name of Romberg as being a collaborator in the research.
Finally they point to the fact that, after the experiments were concluded, Romberg was recommended by Rascher and Sievers for the War Merit Cross, because of the work done by him at Dachau.
The issue on the question of the guilt or innocence of these defendants is close; we would be less than fair were were not to concede this fact. It cannot bo denied that there is much in the record to create at least a grave suspicion that the defendants Ruff and Romberg were implicated in criminal experiments at Dachau. However, virtually all of the evidence which points in this direction is circumstantial in its nature. On the other hand, it cannot be gainsaid that there is a certain consistency, a certain logic, in the story told by the defendants. And some of the story is corraborated in significant particulars by evidence offered by the Prosecution.
The value of circumstantial evidence depends upon the conclusive nature and tendency of the circumstances relied on to establish any controverted fact. The circumstances must net only be consistent with guilt, but they must be inconsistent with innocence. Such evidence is insufficient when, assuming all to be true which the evidence tends to prove, some other reasonable hypothesis of innocence may still be true; for it is the actual exclusion of every other reasonable hypothesis but that of guilt which invests mere circumstances with the force of proof. Therefore, before a court will be warranted in finding a defendant guilty on circumstantial evidence alone, the evidence must show such a well-connected and unbroken chain of circumstances as to exclude all other reasonable hypotheses but that of the guilt of the defendant. What circumstances can amount to proof can never be a matter of general definition. In the final analysis the legal test is whether the evidence is sufficient to satisfy beyond a reasonable doubt the understanding and conscience of those who, under their solemn oaths, as officers, must assume the responsibility for finding the facts.
On this particular specification it is tile cdiBictaort of the Tribunal that the defendants Ruff, Romberg and Weltz, must be found not guilty.
FREEZING EXPERIMENTS:
In addition to the high-altitude experiments, the defendant Weltz is charged with freezing experiments likewise conducted at Dachau for the benefit of the German Luftwaffe. These began at the camp at the conclusion of the high-altitude experiments and were performed by Holzloehner, Finke, and Rascher, all of whom were officers in the medical services of the Luftwaffe. Non-German nationals were killed in these experiments.
We think it quite probable that Weltz had knowledge of these experiments, but the evidence is not sufficient to prove that he participated in them.
C O N C L U S I O N Military Tribunal I finds and adjudges that the defendant Siegfried Ruff is not guilty under either Counts Two or Three of the Indictment; and directs that he be released from custody under the Indictment when this Tribunal presently adjourns; and Military Tribunal I finds and adjudges that the defendant Hans Wolfgang Romberg is not guilty under either Counts Two or Three of the Indictment; and directs that he be released from custody under the Indictment when this Tribunal presently adjourns; and Military Tribunal I finds and adjudges that the defendant Georg August Weltz is not guilty under either Counts Two or Three of the Indictment; and directs that he be released from custody under the Indictment when this Tribunal presently adjourns.
THE PRESIDENT: Judge Crawford will continue the reading of the Judgment.
JUDGE CRAWFORD: DEFENDANT BRACK.
"Should you, Reichsfuehrer, decide to choose this way in the interest of the preservation of labor, then Reichsleiter Bouhler would be prepared to place all physicians and other personnel needed for this work at your disposal. Likewise he requested me to inform you, that then I would have to order the apparatus so urgently needed with the greatest speed.
Heil Hitler.
Yours Viktor Brack" Brack testified from the witness stand that at the time he wrote this letter he had every confidence that Germany would win the war.
Brack's letter was answered by Himmler on 11 August 1942. In the reply Himmler directed that sterilization by means of x-rays be tried in at least one concentration camp in a series of experiments, and that Brack place at his disposal expert physicians to conduct the operations.
Blankenburg, Brack's deputy, replied to Himmler's letter and stated that Brack had been transferred to an SS Division but that he, Blankenburg, as Brack's permanent deputy would "immediately take the necessary measures and get in touch with the chiefs of the main offices of the concentration camps."
A Polish Jew testified before the Tribunal that while confined in Auschwitz concentration camp he was marched to Birkenau and forcibly subjected to severe x-ray exposure and was castrated later in order that the effects of the x-ray could be studied.
A French physician of Jewish descent who was confined at Auschwitz from September 1943 to January 1945, testified that near Auschwitz was Birkenau camp where people were sterilized by SS doctors. About 100 male Poles who had been sterilized at Birkenau were attended by the witness after the operations. Later this group were castrated by the came physicians.
The record contains other evidence from which it is manifestly plain that sterilization by means of x-rays was attempted on groups of persons who were painfully injured thereby; and that castration followed the x-ray procedures.
Brack's part in the organization of the sterilization program with full knowledge that it would be put into execution, is conclusively known by the record.
EUTHANASIA PROGRAM:
The euthanasia program, which was put into effect by a secret decree of Hitler on the day that Germany invaded Poland, has been discussed at length in the judgment in the case against Karl Brandt.
Brack contents that he was basically opposed to this program and that, on occasion, he assisted certain of his Jewish friends to escape from its consequences. But be that as it may, the evidence is that whatever sentiments Brack may have entertained toward individual members of the race, he was perfectly willing to and did act as an important administrator in furthering the euthanasia program. After it had gotten under way, he wrote letters to various public officials, explaining to them how to keep the matter secret and to allay the public sentiment against the program.
This much is shown by Brack's own statements. As a witness on the stand he testified that while at first he did not understand the full import of the program, he decided, after a talk with Bouhler, to collaborate in carrying out the assignment and to execute Bouhler's orders.
He participated in the initial meetings called for the purpose of placing the project in operation. He was present at meetings of the experts, as well as at administrative discussions. He often acted as Bouhler's representative, frequently making decisions which called for the exercise of personal judgment and a wide latitude of discretions.
Brack admitted that such were his activities in the program, that one might well have come to the conclusion that he was the influential man in euthanasia.
As Bouhler's deputy he addressed a meeting at Munich, where he explained the purpose of Hitler's decree and mentioned the draft of a law which was being prepared to give complete legislative sanctity to euthanasia -- a law, incidentally, which was never in fact enacted. He represented Bouhler in April of 1941 in a meeting attended by Nazi judges and prosecutors. He testified that the Ministry of Justice had become considerably embarrassed because of the euthanasia program, and that he was present at the meeting for the purpose of imparting information concerning the salutary features of euthanasia to those who were present.
Brack gave the Tribunal considerable information concerning the method of extermination by euthanasia; stating that the program was so designed as to render the process inconspicuous and painless. In December 1939 or January 1940 Brack, Bouhler, Conti and some other doctors were present at the administration of euthanasia, to four experimental subjects. The victims were led into a gas chamber which had been built to resemble a shower room. The patients were seated on benches and poisonous gas was let into the chamber. A few moments later the patients became drowsy and finally lapsed into a death sleep, without even knowing they were being executed. On the basis of this execution "Hitler decided that only carbon monoxide was to be used for killing the patients." According to Brack these persons were not Jews because as Bouhler had explained to him "the philanthropic action of euthanasia should be extended only to Germans."
The evidence is plain that the euthanasia program explained by the defendant, gradually merged into the "Action 14 F 13; which, briefly stated, amounted to an extermination of concentration camp inmates by methods and agencies used in euthanasia. One of the prime motives behind the program was to eliminate "useless eaters" from the scene, in order to conserve food, hospital facilities, doctors and nurses for the more important use of the German armed forces.
Many nationals of countries other than Germany were killed.
Brack's direct connection with and participation in the execution of euthanasia is conclusively proven by the evidence in the record.
MEMBERSHIP IN A CRIMINAL ORGANIZATION:
Under Count Four of the Indictment the defendant Brack is charged with being a member of the organization declared criminal by the Judgment of the International Military Tribunal, namely, the SS. The evidence slows that Brack became a member of the SS in 1929 and voluntarily remained in that organization until the end of the war. As a member of the SS he was criminally implicated in the commission for war crimes and crimes against humanity, as charged under Counts Two and Three of the Indictment.
CONCLUSION Military Tribunal I finds and adjudges the defendant Viktor Brack guilty under Counts Two, Three and Four of the Indictment.
BECKER-FREYSENG The defendant Becker-Freyseng is charged under Counts Two and Three of the Indictment with personal responsibility for, end participation in, High-Altitude, Freezing, Sulfanilamide, Seawater, Epidemic Jaundice and Typhus Experiments.
The prosecution has abandoned all charges except as to High-Altitude, Freezing. Sea Water and Typhus experiments, and hence only these will be considered.
The defendant Becker-Freyseng joined the Nazi Party in 1933. In 1940 he was drafted into the Luftwaffe. In 1943 he was promoted to the rank of Stabsarzt in the Luftwaffe.
From August 1941 until May 1944 the defendant was an assistant consultant to Anthony, Chief of the Referat for Aviation Medicine, Berlin.
This department dealt with all questions concerning aviation medicine and reported to the Chief of the Medical Service of the Luftwaffe. When Schroeder became Chief of the Medical Service of the Luftwaffe on 1 January 1944, the defendant became the consultant for Aviation Medicine in Schroeder's office.
HIGH ALTITUDE EXPERIMENTS:
As shown elsewhere in the Judgment, high altitude experiments for the benefit of the Luftwaffe were conducted at Dachau Concentration Camp, on non-German nationals, beginning in February or March 1942. These experiments had been approved, in principle, at least, by Hippke, Chief of the Medical Services of the Luftwaffe. A mobile low-pressure chamber which had been in the possession of the Department of Aviation Medicine, Berlin, was transferred to Dachau for use in the experiments. Concentration camp inmates were killed while being subjected to experiments conducted in the chamber.
During the time the experiments were conducted, defendant BeckerFreyseng was an assistant consultant to Anthony, Chief of the Referat for Aviation Medicine, Berlin. All low-pressure chambers owned by the Luftwaffe were under the general control of that office.
It is submitted by the Prosecution that the record shows that Becker-Freyseng was a principal in, accessory to, aided, abetted, took a consenting part in, and was connected with plans and enterprises involving the commission of these experiments.
The evidence upon this charge is not deemed sufficient to preponderate against a reasonable doubt as to the defendant's guilty participation in the experiments here involved.
FREEZING EXPERIMENTS:
It is claimed that in June 1942, Becker-Freyseng was informed from certain of his official files that a meeting to consider experiments to investigate the treatment of persons who had been severely chilled or frozen would be held in Nurnberg the following October (Referred to as the "Cold Congress"). It is contended that the directive which set the experiment into motion was issued, from the office of the Department for Aviation Medicine, that the funds and equipment were supplied by that office, and that Becker-Freyseng had knowledge of the experiments, and that he admitted such knowledge.